Bill Caption

Relating to the prohibited disposition of a decedent's remains by a person charged with certain criminal conduct against the decedent; providing an administrative penalty.

Fiscal Notes

No fiscal impact. 

Bill Analysis

SB 988 would amend the Health and Safety Code to add the ability to penalize an individual who knowingly allows a person, charged with a crime concerning the decadent, to control the disposition of the decadent's remains. The Texas Funeral Service Commission would be able to take disciplinary action or assess an administrative penalty for violations.

Vote Recommendation Notes

This bill would affirm the principle of limited government, therefore we support this legislation.  An important aspect of the principle of limited government is the protection of people's rights and the prohibition of an activity that violates those rights. A function of government is to not only penalize illegal activity, but penalize individuals who knowingly allow it.

There is a clear conflict of interest if a person who is charged in connection with the decedent's death also controls the disposition of the decedent's remains. This legislation wisely balances the creation of a new administrative penalty with basic mens rea protections. For these reasons, we support SB 988.